Wednesday, June 8, 2011

It's Good To Be Winning

A group of Florida physicians filed a federal lawsuit on Monday seeking to overturn a new state law that limits doctors' ability to ask patients about guns in the home. The lawsuit, filed in Miami federal court, says the new law is an unconstitutional ban on physicians' free speech and prevents them from counseling patients on firearm safety.The statute, titled "Privacy of Firearm Owners" and signed into law by Florida's governor last week, prohibits healthcare professionals from asking patients about gun ownership unless the information is relevant to the patient's medical care, safety or the safety of others. The law also bars practitioners from entering the information into a patient's medical record."By severely restricting such speech and the ability of physicians to practice such preventative medicine, the Florida statute could result in grievous harm to children, adolescents, adults and the elderly," the lawsuit said.

The lawsuit, filed in Miami federal court, says the new law is an unconstitutional ban on physicians' free speech and prevents them from counseling patients on firearm safety.

That statement is incorrect. It does not prevent them from counseling patients on firearm safety. The lawsuit might not be successful if they say the bill is doing something that it is not.

prohibits healthcare professionals from asking patients about gun ownership unless the information is relevant to the patient's medical care, safety or the safety of others. The law also bars practitioners from entering the information into a patient's medical record.

This is what it actually does. The doctors are allowed to pass out information or talk about gun safety, they are just not allowed to ask about personal ownership, or more importantly record it. That said, I am still against the bill.

I agree with Jadegold that this is a "win" for our side. It proves how paranoid gun owners and their masters in the NRA and Gun Lobby are. It also proves how dishonorable many of you are. As FWM said, he's "not a big fan of this legislation," but supports it nevertheless.

I'll turn around a smart-aleck question that's been posed to me. FWM, did you ever see a pro-gun law that you didn't support?

I don't remember saying I support this law. I do, however, want some more of your "wins" where pro-gun legislation is passed by a large majority in two houses then signed by the governor.

You won in Ohio recently too where we closed the restaurant loophole and passed common sense gun law reform that will remove the silly prohibitions from carrying in restaurants. It is awaiting reconciliation, then the governor's signature and you can chalk up another "win".